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PEOPLE v. PACE

101 A.D.2d 336 (1984)

The People of the State of New York, Respondent, v. Sylvester Pace and Gaetano Pace, Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 30, 1984

Attorney(s) appearing for the Case

Bernard Kenny (Richard T. Farrell and Barbara L. Hartung of counsel), for appellants.

Elizabeth Holtzman, District Attorney (Michael J. Halberstam, Barbara D. Underwood and Roseann B. MacKechnie of counsel), for respondent.

MOLLEN, P. J., and BROWN, J., concur with TITONE, J.; MANGANO, J., dissents and votes to affirm the judgments appealed from, in an opinion in which WEINSTEIN, J., concurs.

TITONE, J.

Defendants, Sylvester Pace and Gaetano Pace, appeal from two judgments of the Supreme Court, Kings County, convicting them, upon their pleas of guilty, of criminal possession of stolen property. As permitted by statute (CPL 710.70, subd 2), they bring up for review the denial of their motion to suppress physical evidence.

The core issue concerns the construction of section 436 of the New...

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